Legal Question in Wills and Trusts in New Jersey

What happens if their is not will?

Husband died - car is in his name - would like to sell - what do I have to do? There is no other property or others that can gain from this.


Asked on 2/05/04, 4:17 pm

2 Answers from Attorneys

Eric Kochel The Law Office of Eric David Kochel, Esq., P.C.

Re: What happens if their is not will?

If there is no will then property and assets are distributed according to intestate laws of New York. You need to go to surrogates court in the county where your husband died and apply for letters of administration. There is an expedited procedure for small estates. Once you have these, you can have the car's title transfered to the estate - and eventually to you if you are the surviving spouse and do want you want with the car.

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Answered on 2/05/04, 5:52 pm
Walter LeVine Walter D. LeVine, Esq.

Re: What happens if their is not will?

Apply to Surrogate in County you resided in at his date of death, for simplified Letters of Administration. Cost will depend upon value of car. If car has nominal value, a few thousand dollars, cost is vey minimal, and can be checked with Surrogate. This document gives you authorization to sell the car.

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Answered on 2/06/04, 12:33 am


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